1. A. An administrator shall ensure that:

   1. 1. The requirements in subsection (B) and the patient rights in subsection (C) are conspicuously posted at the home health agency’s administrative office;
   2. 2. At the time of admission, a patient or the patient’s representative receives a written copy of the requirements in subsection (B) and the patient rights in subsection (C); and

   3. 3. Policies and procedures include:

      1. a. How and when a patient or the patient’s representative is informed of patient rights in subsection (C); and
      2. b. Where patient rights are posted as required in subsection (A)(1).

2. B. An administrator shall ensure that:

   1. 1. A patient is treated with dignity, respect, and consideration;

   2. 2. A patient is not subjected to:

      1. a. Abuse;
      2. b. Neglect;
      3. c. Exploitation;
      4. d. Coercion;
      5. e. Manipulation;
      6. f. Sexual abuse;
      7. g. Sexual assault;
      8. h. Seclusion;
      9. i. Restraint;
      10. j. Retaliation for submitting a complaint to the Department or another entity; or
      11. k. Misappropriation of personal and private property by a home health agency’s personnel members, employees, or volunteers; and

   3. 3. A patient or the patient’s representative:

      1. a. Except in an emergency, either consents to or refuses treatment;
      2. b. May refuse or withdraw consent for treatment before treatment is initiated;
      3. c. Except in an emergency, is informed of proposed alternatives to a psychotropic medication and the associated risks and possible complications of a psychotropic medication;

      4. d. Is informed of the following:

         1. i. The home health agency’s policy on health care directives;

         2. ii. The patient complaint process;

            iii Home health services provided by or through the home health agency; and

         3. iv. The rates and charges for services before the services are initiated and before a change in rates, charges, or services;
      5. e. Consents to photographs of the patient before the patient is photographed, except that a patient may be photographed when admitted to a home health agency for identification and administrative purposes; and

      6. f. Except as otherwise permitted by law, provides written consent to the release of information in the patient’s:

         1. i. Medical record, or
         2. ii. Financial records.

3. C. A patient has the following rights:

   1. 1. Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;
   2. 2. To receive treatment that supports and respects the patient’s individuality, choices, strengths, and abilities;
   3. 3. To receive privacy in treatment and care for personal needs;
   4. 4. To review, upon written request, the patient’s own medical record according to A.R.S. §§ 12-2293, 12-2294, and 12-2294.01;
   5. 5. To receive a referral to another health care institution if the home health agency is not authorized or not able to provide physical health services needed by the patient;
   6. 6. To participate or have the patient’s representative participate in the development of a care plan or decisions concerning treatment;
   7. 7. To participate or refuse to participate in research or experimental treatment; and
   8. 8. To receive assistance from a family member, the patient’s representative, or other individual in understanding, protecting, or exercising the patient’s rights.

Historical Note

Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).